Senior Courts Act 2016

Supreme Court - Leave to appeal

74: Criteria for leave to appeal

You could also call this:

"When You Can Ask the Supreme Court to Hear Your Appeal"

You can appeal to the Supreme Court if it is necessary for justice. The Supreme Court decides if it is necessary. It looks at whether the appeal is important to many people or involves a big mistake in justice. You can also appeal if the case is very important for business. A significant issue about the Treaty of Waitangi is important to many people. The Supreme Court considers whether to hear the appeal before the main case is finished. The Supreme Court makes its decision based on what is fair. It considers all the factors when deciding whether to hear an appeal. The Court's decision is final and it must be fair to all parties involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5759413.

This page was last updated on 24 February 2026 — View changes

Topics:

Crime and justice > Courts and legal helpGovernment and voting > Government departmentsMāori affairs > Treaty of Waitangi

73: Appeals to be by leave, or

"You need court permission to appeal to the Supreme Court"

75: No direct appeal from court other than Court of Appeal unless exceptional circumstances established, or

"You can't appeal straight to the Supreme Court unless it's really necessary."

Part 4Supreme Court
Leave to appeal

74Criteria for leave to appeal

The Supreme Court must not give leave to appeal to it unless it is satisfied that it is necessary in the interests of justice for the court to hear and determine the appeal.
It is necessary in the interests of justice for the Supreme Court to hear and determine a proposed appeal if—
the appeal involves a matter of general or public importance; or
a substantial miscarriage of justice may have occurred, or may occur unless the appeal is heard; or
the appeal involves a matter of general commercial significance.

For the purposes of subsection (2)(a), a significant issue relating to the Treaty of Waitangi is a matter of general or public importance.
The Supreme Court must not give leave to appeal to it against an order made by the Court of Appeal on an interlocutory application unless satisfied that it is necessary in the interests of justice for the Supreme Court to hear and determine the proposed appeal before the proceeding concerned is concluded.
Subsection (2) does not limit the generality of subsection (1) and subsection (3) does not limit the generality of subsection (2)(a).

Compare

2003 No 53 s 13